James R. Paine Jr. PARTNER Suite 2800, 1100 Peachtree Street NE Atlanta, GA, USA t f

Transcription

1 James R. Paine Jr. PARTNER Suite 2800, 1100 Peachtree Street NE Atlanta, GA, USA t f Jpaine@kilpatricktownsend.com Services Global Sourcing and Technology; Information Technology Outsourcing (ITO); Business Process Outsourcing (BPO); ERP Licensing & Systems Integration Transactions; Licensing and Procurement; Managed Network Services Transactions; Big Data, Privacy & Cybersecurity Industries Telecommunications; Financial Services; Health Care; Transportation; Hospitality & Gaming; Manufacturing Jim Paine focuses his practice primarily on strategic outsourcing, information technology outsourcing, business process outsourcing, ERP licensing, implementation and support, IaaS, SaaS and PaaS transactions, larger commercial transactions and e-commerce arrangements. Mr. Paine has advised clients on a broad range of strategic outsourcing arrangements including IT infrastructure support; managed network services; application development and maintenance services; finance and accounting services; benefits and human resources administration; customer relationship management; call center operations; back office support; IT help desk support; and data warehouse development and hosting. Prior to joining the firm, Mr. Paine was the primary counsel for information technology and data security matters at The Home Depot. The geographic scope of Mr. Paine s experience includes engagements in the United States, Canada, South America, Australia, EU, India, Mexico, India, Philippines and the PRC. Mr. Paine was recognized in 2013 and the three years immediately preceding as a Georgia "Rising Star" in Information Technology/Outsourcing and most recently in 2014 in the area of Technology Transactions by Super Lawyers magazine. He is ranked nationally in the 2011, 2012 and 2013 editions of Chambers USA: America s Leading Lawyers for Business for Outsourcing. Mr. Paine was recognized as a leading practitioner in Outsourcing by Chambers Global 2013 and Mr. Paine was recommended by Legal 500 US in the area of Technology/Outsourcing in Experience Highlights BPO Represented Fortune 50 retail company in connection with outsourcing of accounts payable, accounts receivable, audit, recovery, and cash disbursement functions to IBM Daksh Represented Fortune 50 retail company in connection with outsourcing of customer relationship management for store operations to ACS Represented Fortune 50 retail company in connection with outsourcing of customer relationship management function for services business to Convergys Represented global investment management company in connection with outsourcing of its global facilities management function to Mace Marco Limited Represented public provider of cosmetics and perfume products in connection with the outsourcing of its North America supply chain and logistics operations including warehousing, distribution and shipment ITO Page 1 of Kilpatrick Townsend & Stockton LLP

2 Represented global hospitality company in connection with the negotiation of an agreement to develop, host, maintain and operate a distributed global reservation system servicing over 4,000 locations across the globe and processing over $12B in transactions Represented global hospitality company in connection with the negotiation of an agreement with HP to procure, install and support a new point of sale system at over 4,000 locations world wide Represented company in connection with the negotiation of an agreement with CenturyLink for the provision of public cloud, private cloud, co-location, hosting, and managed services Represented public airline in connection with the outsourcing of IT infrastructure (data centers), network, desktop support, and related services to IBM Represented global hospitality company in connection with the outsourcing of its mainframe operations and related services to IBM Represented public utility company in connection with the outsourcing of its mainframe operations and related services to Axciom Represented Fortune 50 retail company in connection with the outsourcing of IT helpdesk support for operations in the PRC to IBM Represented public provider of healthcare information technology solutions in connection with the renegotiation of an agreement to outsource of its datacenter operations and related services to Atos Origin Represented public provider of healthcare information technology solutions in connection with the renegotiation of an agreement to outsource of certain infrastructure support, collocation and managed services to Netsmart Represented retail company in connection with the outsourcing of application development, testing and support for certain legacy and third-party applications to Infosys Represented health insurance company in connection with re-sourcing of an outsourcing arrangement for mainframe operations and the provision of batch claims processing services ERP Represented privately held retailer of sports and outdoors products company in connection with the licensing, implementation and support of merchandise management system from Oracle and SAP Represented privately held retailer of sports and outdoors products in negotiation of agreement with Logic Information Systems to implement and configure Oracle merchandise management system Represented privately held retailer of sports and outdoors products in negotiation of agreement with Wipro to implement and configure Oracle merchandise management system Represented designer and manufacturer of women s clothing in connection with licensing, implementation and support of a merchandise management system from SAP Represented retailer of women s fashion jewelry and accessories in connection with licensing, implementation and support of a merchandise management system from Oracle Represented retailer of fashion jewelry and accessories in negotiation of agreement with IBM to implement, host and maintain Oracle merchandise management system Represented global manufacturer of golf equipment and accessories in connection with the licensing, implementation and support of a hosted ERP system from Oracle Represented global manufacturer of golf equipment and accessories in negotiation of agreement with OSI to implement and configure an Oracle ERP system Represented global manufacturer of sporting goods and apparel in connection with the negotiation of an agreement with Infor to license, implement and support their ERP system Represented hospital system in connection with the licensing, implementation and support of an enterprise resource platform for management of medical records from Epic Systems Experience Highlights Outsourcing of IT related services for a public manufacturer and distributor of consumer products * Represented public manufacturer and distributor of consumer products in a comprehensive outsourcing to IBM of its data center, network, helpdesk, contact centers and related information technology services with an aggregate net present value of approximately $600M. Outsourcing finance and accounting functions for a public retail company * Represented public retail company in the outsourcing of its finance and accounting functions to IBM Daksh including accounts payable processing (domestic and international), audit and recovery services and disbursement services with an aggregate value of approximately $75 million. Global managed network services transaction for a telecommunications provider Represented a global telecommunications provider in the negotiation of a global managed network services transaction involving the provision of services in over 25 countries in support of the global operations of a major insurance company. Outsourcing of logistics solution for consumer products manufacturer and distributor Represented a global beauty company in connection with a multi-phased outsourcing of its North American supply chain and logistics solution including receiving, processing, packaging, storage, management, shipping and returns processing. Page 2 of Kilpatrick Townsend & Stockton LLP

3 SAP implementation for public retail company * Represented public retail company in connection with an arrangement with SAP for the licensing, implementation and support of ERP software. Global License, Development and Commercialization agreement for Biotest AG Served as lead counsel in representing Biotest AG (Biotest), a German publicly traded biotechnology company, in signing a global License, Development and Commercialization Agreement with Abbott Laboratories for the further development and commercialization of Biotest s BT-061, a novel anti-cd4 antibody for the treatment of Rheumatoid Arthritis (RA) and psoriasis. In connection with the deal, Biotest will receive an upfront payment of $85 million, and upon completion of certain milestones, additional payments totaling $395 million, plus royalties. Outsourcing of data center operations for energy company Represented publicly traded energy company in connection with the renegotiation of an agreement for the outsourcing of data center operations and related infrastructure support services to Acxiom. The transaction was structured as a sole source negotiation and was valued at over $30 million. ERP implementation for an acute-care tertiary hospital Represented an acute-care tertiary hospital in connection with the licensing, implementation and support of an enterprise resource platform for management of medical records from Epic Systems Corporation. Outsourcing of IT service desk for international hospitality company Represented publicly traded international hospitality company in connection with the outsourcing of its global information technology help desk and related services to IBM. The transaction was valued at over $40 million and was structured as a sole source negotiation. Negotiation of agreement with Oracle for fashion jewelry & accessories retailer Represented fashion jewelry & accessories retailer in connection with negotiation of agreement with Oracle to license and support merchandise management system. Managed network services transaction for a telecommunications services company Completed a global managed network services transaction on behalf of a telecommunications services company. The transaction involved the provision of managed network and transport services in support of the global operations of Ameriprise Financial Services. Represented hospital in licensing services Represented hospital system in connection with the negotiation of an agreement with Perceptive Software to license, implement and support an enterprise records management system. Negotiation of master services agreement with IBM for fashion jewelry & accessories retailer Represented fashion jewelry & accessories retailer in connection with negotiation of master services agreement with IBM for fashion jewelry & accessories retailer to implement, host and maintain Oracle merchandise management system and related applications Information technology outsourcing for global hotel company Represented a global hotel company in connection with the outsourcing of its mainframe operations and related services to IBM. The transaction was structured as a sole source negotiation and was valued at over $80M. Licensing and support of an Oracle ERP system for global manufacturer of golf equipment and accessories Represented global manufacturer of golf equipment and accessories in connection with licensing and support of an Oracle ERP system ERP licensing & systems integration transactions for private retail company Represented private retail company in negotiation of agreement with Wipro to implement & configure Oracle merchandise management system. Acquisition of an enterprise-wide point of sale services system for a private retail company * Represented a private retail company in the acquisition of equipment for an enterprise-wide point of sale services system and maintenance and support services from the preparation of a request for proposal through the execution of definitive agreements. Outsourcing of IT services for a major public airline * Represented a major public airline in a comprehensive outsourcing to IBM of its data center, network, desktop support, and related information technology services with an aggregate net present value of approximately $650M. Page 3 of Kilpatrick Townsend & Stockton LLP

4 Outsourcing of claims processing function for a mutual insurance provider Represented private health insurance company in connection with the outsourcing of claims processing function including hosting and support for claims processing applications to EDS. Negotiation of an agreement with OSI for global manufacturer of golf equipment and accessories Represented global manufacturer of golf equipment and accessories in connection with negotiations of an agreement with OSI to implement and configure Oracle ERP system Negotiation of an agreement for global manufacturer of sporting goods Represented global manufacturer of sporting goods and apparel in connection with the negotiation of an agreement with Infor to license, implement and support their ERP system. Information Technology outsourcing for private retail company Represented private retail company in connection with the negotiation of an agreement with Cognizant for the provision of managed services and application support services for legacy systems. Outsourcing of global facilities management function for investment management company Represented publicly traded investment management company in connection with outsourcing of its global facilities management function to Mace Marco Limited. Outsourcing services provided to global hospitality company Represented a global hospitality company in connection with the outsourcing to IBM of the operation, administration and support for the mainframe and related systems, including the global reservation system. The transaction was structured as a sole source negotiation and was valued at over $80M. Information technology outsourcing for private retail company Represented private retail company in connection with the negotiation of a master services agreement with IBM for the provision of OMS and WNS implementation and support services, IT services desk support and application and maintenance services. Agreement to provide managed network services, network security services, equipment refresh, transport services, ethernet virtual private network (EVPN), Anira, and voice services Represented global provider of telecommunications services in connection with an agreement to provide managed network services, network security services, equipment refresh, transport services, ethernet virtual private network (EVPN), Anira, and voice services to global provider of cement and related products. Outsourcing of application development, testing and support for public retail company * Represented publicly traded retail company in connection with the outsourcing of application development, testing and support for certain legacy and third party applications to Infosys. Global sourcing & technology services for Fortune 50 retail company. * Represented Fortune 50 retail company with regards to information technology outsourcing transactions that involved renegotiations with Getronics for on-site support, designed for in-store IT systems and software. ERP licensing & systems integration transactions for private retail company Represented private retail company in negotiation of agreement with Logic Information Systems to implement and configure Oracle merchandise management system. Business process outsourcing services for Fortune 50 retailer * Represented Fortune 50 retail company with regards to business process outsourcing transactions involving customer relationship management for store operations to ACS. License and support arrangement for a public retail company * Represented public retail company in connection with a license and support arrangement for an open source application platform from Red Hat from RFP through to definitive agreement. Information technology outsourcing for publicly traded international hospitality company Represented publicly traded international hospitality company in connection with the outsourcing of its information technology help desk and related services in the U.S., Canada, Latin America, Europe, Asia, and Australia to IBM. Page 4 of Kilpatrick Townsend & Stockton LLP

5 Licensing and support of a data management platform for international rolled aluminum producer Represented international rolled aluminum producer in connection with the licensing and support of a data management platform from SAP. *Experience gained by attorney prior to joining Kilpatrick Townsend Publications, Articles and Speaking Engagements Navigating The Cloud: Legal Implications Of Connected Computing Corporate Counsel Institute Seminar, December 07, 2012 Declining Dollar Impacts Outsourcing Market Executive Counsel, March 01, 2012 Global Outsourcing: An Overview of Best Practices and Contact Considerations Silicon Valley Association of General Counsel's 23rd Annual All Hands Meeting, December 07, 2011 Critical Success Factors in Negotiating Outsourcing Transactions Outsourcing Insights, January 01, 2009 Trends and Best Practices in Legal Process Outsourcing Transactions The American Lawyer, New York, Harvard Club, May 01, 2008 Trends and Best Practices in Outsourcing Transactions The American Lawyer, November 01, 2007 Governance and Dispute Resolution in Outsourcing Transactions Union League Club, September 01, 2007 Legal and Business Issues in Outsourcing Transactions Los Angeles Convention Center, June 01, 2007 Professional & Community Activities American Bar Association, Member Atlanta Bar Association, Member Georgia Bar Association, Member International Association of Privacy Professionals, Member Education University of Florida Levin College of Law, J.D. (2001) with honors University of Florida Warrington College of Business Administration, M.B.A., Finance (1999) University of Florida Warrington College of Business Administration, B.S., Finance (1997) with honors Bar Admissions Georgia Admissions Georgia Supreme Court Page 5 of Kilpatrick Townsend & Stockton LLP